May 26, 2015
MOVING TO FRONT--ORIGINALLY POSTED AUGUST 22, 2014
These are appointments with tenure that will begin in 2015; I will move this to the front at various intervals during the year; recent additions are bolded. And the list finally includes the departure from Yale alluded to awhile back.
*Owen Anderson (oil & gas law, natural resources) from the University of Oklahoma, Norman to the University of Texas, Austin.
*Jennifer Bard (health law, constitutional law) from Texas Tech University to the University of Cincinnati (to become Dean).
*Ann Bartow (intellectual property) from Pace University to the University of New Hampshire.
*Thomas Brennan (tax, empirical legal studies) from Northwestern University to Harvard University.
*Christopher Buccafusco (intellectual property, behavioral/experimental law & economics) from Chicago-Kent College of Law to Cardozo Law School.
*Aaron Bruhl (legislation, statutory interpretation, federal courts) from the University of Houston to the College of William & Mary.
*Irene Calboli (intellectual property, international trade, comparative law) from Marquette University to Texas A&M University.
*Joshua Cohen (political philosophy) resigned from Stanford University (where he taught in Law, Philosophy & Political Science) in October 2014 to join Apple University. He will now also be part-time at the University of California, Berkeley.
*Matthew Diller (administrative law, social welfare law & policy) from Cardozo Law School to Fordham University (as Dean).
*Marcella David (international law, foreign relations law) from the University of Iowa to Florida A&M University (as Provost).
*William Dodge (international law, international transactions, international dispute resolution) from the University of California, Hastings to the University of California, Davis.
*Susan Fortney (legal ethics, legal professions, legal malpractice, bioethics, torts) from Hofstra University to Texas A&M University.
*Brian Galle (tax) from Boston College to Georgetown University.
*Nuno Garoupa (law & economics, comparative law) from the University of Illinois to Texas A&M University.
*Elizabeth Garrett (legislation, administrative law) from the University of Southern California to Cornell University (to become President).
*Andrew Guzman (international law and trade, law & economics) from the University of California, Berkeley to the University of Southern California (as Dean).
*C. Scott Hemphill (antitrust, intellectual property, law & economics) from Columbia University to New York University.
*Robert Jerry II (insurance law, dispute resolution, health law & finance) from the University of Florida, Gainesville to the University of Missouri, Columbia.
*Christian Johnson (tax) from the University of Utah to Widener University-Harrisburg (to become Dean).
*Sonia Katyal (intellectual property, civil rights, privacy, property, law & sexuality) from Fordham University to the University of California, Berkeley.
*Daniel Katz (empirical legal studies, computational legal studies, criminal procedure) from Michigan State University to Chicago-Kent College of Law.
*Paul Kirgis (alternative dispute resolution, evidence) from St. John's University to the University of Montana (to become Dean).
*Gillian Lester (employment law) from the University of California, Berkeley to Columbia University (as Dean in January 2015).
*Erik Luna (criminal law & procedure) from Washington & Lee University to Arizona State University.
*Glynn S. Lunney, Jr. (intellectual property, law & economics) from Tulane University to Texas A&M University.
*Timothy Lytton (regulatory law and policy, administrative law, torts) from Albany Law School to Georgia State University.
*Andrei Marmor (legal philosophy) from the University of Southern California to Cornell University.
*Andrea Matwyshyn (law & technology, cyberlaw, privacy) from the Wharton School at the University of Pennsylvania (untenured) to Northeastern University.
*Paul McGreal (constitutional law, law & religion, business ethics) from the University of Dayton to Creighton University (as Dean).
*Ajay Mehrotra (tax, legal history) from Indiana University, Bloomington to Northwestern University and the American Bar Foundation.
*Tim Meyer (international law--incl. international economic, environmental and energy law; law & economics) from the University of Georgia to Vanderbilt University.
*Douglas NeJaime (family law, law & sexuality, constitutional law) from the University of California, Irvine to the University of California, Los Angeles.
*Paul Ohm (law & technology, computer law, privacy, intellectual property) from the University of Colorado, Boulder to Georgetown University.
*Dave Owen (environmental law, natural resources, water law, administrative law) from the University of Maine to the University of California, Hastings.
*Mary-Rose Papandrea (constitutional law, media law, national security law) from Boston College to the University of North Carolina, Chapel Hill
*Dylan Penningroth (legal history) from Northwestern University (History Dept.) and American Bar Foundation to the University of California, Berkeley.
*Jennifer Rosato Perea (family law, bioethics, legal ethics, civil procedure) from Northern Illinois University (where she was Dean) to DePaul University (to become Dean).
*Scott Pryor (bankruptcy, contracts, UCC) from Regent University to Campbell University.
*Srividhya Ragavan (intellectual property, international trade, contracts) from the University of Oklahoma, Norman to Texas A&M University.
*Laura Rosenbury (feminist legal theory, family law, employment discrimination) from Washington University, St. Louis to the University of Florida, Gainesville (to become Dean).
*James Salzman (environmental law) from Duke University to the University of California, Los Angeles (Law) and the University of California, Santa Barbara (Environmental Science & Management).
*Michael Schill (property, real estate law, urban policy) from University of Chicago to the University of Oregon (as President).
*David Schwartz (patents, intellectual property, empirical legal studies) from Chicago-Kent College of Law to Northwestern University.
*Kenneth Simons (torts, criminal law, law & philosophy) from Boston University to the University of California, Irvine.
*Alexander Somek (EU law, comparative constitutional law, legal theory) from the University of Iowa to the University of Vienna.
*Alec Stone Sweet (comparative constitutional law and politics, international law & courts) from Yale University to the National University of Singapore.
*Alan O. Sykes, Jr. (international trade, law & economics) from New York University back to Stanford University.
*Eric Talley (corporate law, law & economics) from the University of California, Berkeley to Columbia University (in July 2015).
*Steve Vladeck (federal courts, national security law, constitutional law) from American University to the University of Texas, Austin (effective 2016).
*Melanie Wilson (criminal law, criminal procedure, evidence) from the University of Kansas to the University of Tennessee (as Dean).
*Peter Yu (intellectual property, communications law and policy, and comparative and international law) from Drake University to Texas A&M University.
*Kathryn Zeiler (torts, health law, law & economics, empirical legal studies) from Georgetown University to Boston University.
May 20, 2015
Here. Prof. Lawsky counts only tenure-track hires, whether academic or clinical; she reports a total of 70 new hires this year, slightly down from last year. (It's lower if one substracts the tenure-track clinical hires, though I have not counted carefully.) The relatively small number of Yale JDs hired (only 6) is striking, though we don't know how many graduates of each school were on the market, though based on past years I would be surprised if there weren't several dozen Yale candidates seeking, meaning the vast majority failed to land positions. 21 of the 70 hires had Harvard JDs (though several of those were coming off Fellowships, like the Bigelow), while another 27 came from just five schools (Stanford, Yale, Chicago, Berkeley, and NYU).
May 14, 2015
According to a faculty member, the Law School ran nearly a five million dollar deficit this year, and the Dean has pledged to cut $2.1 million of that next year, with a combination of moves: the elimination of all sabbaticals, all research stipends, a 5% salary cut for senior staff, and a 10% salary cut for all faculty. To make matters worse, the Dean, according to one source, "forbade anyone from speaking to the press about this. The materials he passed out carried two watermarks, one large across the text, and another secret one (or so he said), with each faculty member's name so he will know who the leak is, he said." Since everyone familiar with legal education knows that many law schools are struggling with financial problems, it's mysterious (and counter-productive) for a Dean to make such a threat.
Pace faculty are concerned that there has been no attempt to buy out faculty (as other schools have done) and fear a further salary cut is in the offing before long. The elimination of sabbaticals also has a number of Pace faculty perplexed, since with a reduction in its class size, Pace has excess teaching capacity, so it's not like sabbaticals require hiring adjuncts or visitors, so they do not add to costs.
UPDATE: Prof. Alexander Greenawalt (Pace) writes:
I have not polled my peers but I believe that most of my colleagues would agree that there are serious inaccuracies in the report you received. Of course I’m not thrilled to have my salary cut, but the truth is that we are part of a university that is continuing to support us, and I still have a great job at a great law school. The main thrust of the dean’s remarks was that he is implementing budget cuts that will reduce our deficit without compromising the quality of the education we provide our students. On that score, I believe he succeeded. We are not the first law school to experience a faculty salary cut, and I don’t think this is a sign that we are a sinking ship.
As to the specific allegations, the document in question is an internal memorandum written by my some of my faculty colleagues identifying possible budget cuts, several of which have not been adopted. I think it’s obvious that any law school would treat this as a confidential document. I doubt that my colleagues who authored it wanted it made public, and I think the dean would have been well within his rights to limit our access to it, for example by making it available for review only in hard copy in the dean’s suite. Instead he decided to distribute individual copies, while taking measures to discourage (without prohibiting) public disclosure. I haven’t picked up my copy yet, so I can’t tell you what it looks like or what watermarks it might have. Perhaps he should have handled this distribution differently, but my honest belief is that he was acting out of a desire to be transparent rather than punitive.
In particular, I want to emphasize that there were no threats of any kind. David did not forbid communications with the press, and indeed when asked about this he was quite clear that we were free to do what we wanted. He did ask that we not leak the document to the press, and I think that’s a reasonable request. Certainly, he did not specify any consequences if we did.
Regarding sabbaticals, David [the Dean] was clear that they will still be available for important scholarly projects.
I can’t speak for my anonymous faculty colleague, and certainly I am not accusing that person of dishonesty, but obviously we have very different recollections!
I thank Prof. Greenawalt for contacting me about this. My source stands by the original account. I think some of these issues may be matters of interpretation. I do not think Pace is a "sinking ship" at all; it has an unusually strong faculty for a regional law school, and, as I noted originally, is facing the same issues that most American law schools are now facing.
May 12, 2015
The announcement in full:
The Top 10 Corporate and Securities Articles of 2014
The Corporate Practice Commentator is pleased to announce the results of its twenty-first annual poll to select the ten best corporate and securities articles. Teachers in corporate and securities law were asked to select the best corporate and securities articles from a list of articles published and indexed in legal journals during 2014. More than 525 articles were on this year’s list. Because of the vagaries of publication, indexing, and mailing, some articles published in 2014 have a 2013 date, and not all articles containing a 2014 date were published and indexed in time to be included in this year’s list.
The articles, listed in alphabetical order of the initial author, are:
Bainbridge, Stephen M. (UCLA) and M. Todd Henderson (Chicago). Boards-R-Us: Reconceptualizing Corporate Boards. 66 Stan. L. Rev. 1051-1119 (2014).
Fisch, Jill E. and Tess Wilkinson-Ryan (both Penn). Why Do Retail Investors Make Costly Mistakes? An Experiment on Mutual Fund Choice. 162 U. Pa. L. Rev. 605-647 (2014).
Fried, Jesse M. (Harvard). Insider Trading via the Corporation. 162 U. Pa. L. Rev. 801-839 (2014).
Hamermesh, Lawrence A. (Widener-Delaware). Director Nominations. 39 Del. J. Corp. L. 117-159 (2014).
Hansmann, Henry (Yale) and Mariana Pargendler (Vargas Law School, Sao Paulo). The Evolution of Shareholder Voting Rights: Separation of Ownership and Consumption. 123 Yale L.J. 948-1013 (2014).
Morley, John (Yale). The Separation of Funds and Managers: A Theory of Investment Fund Structure and Regulation. 123 Yale L.J. 1228-1287 (2014).
Roe, Mark J. (Harvard). Structural Corporate Degradation Due to Too-Big-to-Fail Finance. 162 U. Pa. L. Rev. 1419-1464 (2014).
Roe, Mark J. (Harvard) and Frederick Tung (BU). Breaking Bankruptcy Priority: How Rent-Seeking Upends the Creditors' Bargain. 99 Va. L. Rev. 1235-1290 (2013).
Strine Jr., Leo E. (CJ Delaware Supreme Court). Can We Do Better by Ordinary Investors? A Pragmatic Reaction to the Dueling Ideological Mythologists of Corporate Law. 114 Colum. L. Rev. 449-502 (2014).
Subramanian, Guhan (Harvard). Delaware's Choice. 39 Del. J. Corp. L. 1-53 (2014).
May 11, 2015
As I've done in the past, I'm posting a list of the visiting professors (who hold university appointments elsewhere) at the top six law schools, the schools that are "top six" by almost all measures of faculty quality--which are also the schools that also typically have the most visiting professors on a regular basis. While many visiting stints are made with an eye to possible permanent appointment, not all are; some are so-called "podium" visits, which aim to fill an immediate teaching need at the school. By my calculation, for example, maybe 5% of the visits last year resulted in (or are in process of resulting in) offers of permanent employment--perhaps a slightly higher percentage of the non-podium visits resulted in such offers. Often visitors from local schools in the area are invited for podium visit purposes--though some "locals" may also be "look-see" visitors, i.e., under consideration for appointment. NYU also has a fair number of "enrichment" and "global" visitors, well-known senior folks who are keen to spend some time in New York, but who aren't necessarily interested in, or being considered for, lateral moves. (Columbia gets some of these folks too.) From the outside, of course, it's very hard to tell all these apart, so here, without further comment, are the visiting professors for 2014-15; please e-mail me about omissions or corrections (though I'm hopeful this is the final version).
Please note that not every visit, below, is for the entire academic year; indeed, my guess is at least half are not, meaning students can expect many of these faculty to *also* be teaching at their home institution. In the case of HLS, many of the visitors come in the Winter Term, i.e., just the month of January.
Please also note that this is supposed to be a list of visiting faculty who have gone through some kind of appointments process at the school at which they are visiting, whether a process for look-see visitors, "enrichment" visitors, or podium visitors. These are supposed to be faculty who are teaching at the host school and who are being paid by the host school to teach.
Columbia Law School
Aharon Barak (Interdisciplinary Center, Herzliya)
Noa Ben-Asher (Pace University)
Hanoch Dagan (Tel Aviv University)
David Enoch (Hebrew University, Jerusalem)
James Forman (Yale University)
David Gliksberg (Hebrew University, Jerusalem)
Sudhir Krishnaswamy (National Law School of India)
Jennifer Laurin (University of Texas, Austin)
Dennis Patterson (European University Institute; Rutgers University, Camden; University of Swansea)
Scott Shapiro (Yale University)
Dan Simon (University of Southern California)
Julie Suk (Cardozo Law School/Yeshiva University)
Mila Versteeg (University of Virginia)
Rose Cuison Villazor (University of California, Davis)
May 04, 2015
Zachary Clopton who will join the faculty at Cornell University. He is currently the Public Law Fellow at the Law School. He graduated magna cum laude in 2007 from Harvard Law School, and also earned a Masters in International Relations from Cambridge. He clerked for Judge Wood on the U.S. Court of Appeals for the Seventh Circuit, and was an Associate at WilmerHale in the National Security group for two years, before serving as an Assistant U.S. Attorney in the Civil Division of the Northern District of Illinois for three years. His teaching and research interests include civil procedure, international business transactions, federal courts, conflicts, torts, and national security law.
Genevieve Lakier who will join the faculty at the University of Chicago. She is presently a Bigelow Fellow at the Law School. She graduated cum laude from New York University School of Law in 2011, where she was a Furman Fellow and Editor-in-Chief of the NYU Review of Law and Social Change. She also earned a PhD in Anthropology from the University of Chicago in 2014. She clerked for both Judge Sand in the Southern District of New York and then Judge Daughtrey on the U.S. Court of Appeals for the 6th Circuit, before coming to Chicago. Her teaching and research interests include constitutional law, criminal law and the criminal justice system, comparative law, administrative law, and law and society.
John Rappaport who will join the faculty at the University of Chicago. He is presently a Bigelow Fellow at the Law School. He graduated magna cum laude from Harvard Law School in 2006, clerked for Judge Reinhardt on the U.S. Court of Appeals for the 9th Circuit, then worked for two years as a Deputy Federal Public Defender in Los Angeles, before clerking for Justice Ginsburg on the U.S. Supreme Court. He also spent two years as a litigation associate at Munger, Tolles & Olson in Los Angeles, and clerked for six months for Judge Watford on the U.S. Court of Appeals for the Ninth Circuit before coming to Chicago. His teaching and research interests include all aspects of criminal procedure and the criminal justice system, as well as federal courts, constitutional law, evidence, and civil procedure.
You can see a list of past Bigelows and where they now teach here.
May 01, 2015
Sarah Lawsky (UC Irvine) is, as usual, gathering the data, and so far there are only 55 tenure-track academic hires, with, I gather two or three more expected. 15% of all the hires so far are either Chicago grads (5) or Chicago Fellows (3) who were on the market; only Harvard and Yale appear to have had a bigger share.
Last year, there were 64 tenure-track academic hires. Before the crash in applications, 150-180 rookies would be hired into law teaching positions most years.
April 27, 2015
...a story allegedly about a fearful closeted Christian law professor at an elite school? The late William Stuntz at Harvard, Michael McConnell at Stanford, David Skeel at Penn, Stephen Bainbridge at UCLA all seem to have done rather well at elite schools, despite being quite openly religious. (I'm sure there are others, but the preceding scholars have incorporated their religious commitments into at least some of their scholarly and popular writing.) I invite the alleged subject of this article to contact me; I will also preserve his anonymity, but I'd like to pose some further questions about what it is about his institutional environment that would lead to the behavior described. I'm afraid it just doesn't ring true to what I've seen at the institutions I've taught. Yes, levels of religiosity among law professors are not high (though they are higher than among philosophy professors); but norms of collegiality and respect for differences have generally created environments in which no one would reasonably feel a need to go into the closet as described. Maybe I've been lucky, but...